Sex Offender Registration and Notification Act: Implementation and Legal Issues ( Law, Crime and Law Enforcement )

Publication series :Law, Crime and Law Enforcement

Author: Randall B. Harris;Miguel B. Martinez  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2016

E-ISBN: 9781626184404

Subject: D916 司法制度

Keyword: 司法制度,法律

Language: ENG

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Sex Offender Registration and Notification Act: Implementation and Legal Issues

Chapter

BACKGROUND

Evolution of Sex Offender Registration and Notification Legislation

SORNA Requirements

Federal Role in Sex Offender Registration and Notification

DOJ HAS DETERMINED THAT 19 OF 56 JURISDICTIONS HAVE SUBSTANTIALLY IMPLEMENTED SORNA; OTHER JURISDICTIONS REPORTED POLITICAL WILL AND LEGAL BARRIERS AS CHALLENGES

DOJ Has Determined That 19 Jurisdictions Have Substantially Implemented SORNA and Another 17 Have Implemented More than Half of the Act’s Requirements

Jurisdictions Reported Several Challenges in Implementing SORNA

STAKEHOLDERS REPORTED IMPROVEMENTS IN JURISDICTIONS’ ABILITY TO SHARE INFORMATION AND MONITOR OFFENDERS BUT HAD MIXED VIEWS ON EFFECTS ON RESOURCES AND SEX OFFENDERS

Few Studies on the Effects of SORNA

Stakeholders Reported Both Positive and Negative Effects as a Result of Implementing SORNA

PERSPECTIVES ON POSITIVE EFFECTS OF SORNA

Perspectives on Negative Effects of SORNA

A Comprehensive Study by NIJ on SORNA’s Effects Should Help Address Research Gaps on the Law’s Impact

AGENCY COMMENTS

APPENDIX I. OBJECTIVES, SCOPE, AND METHODOLOGY

APPENDIX II. SORNA SUBSTANTIAL IMPLEMENTATION CHECKLIST TOOL

APPENDIX III. DEVIATIONS ALLOWED BY THE SMART OFFICE IN JURISDICTIONS THAT HAVE SUBSTANTIALLY IMPLEMENTED SORNA

APPENDIX IV. SORNA REQUIREMENTS MET BY NONIMPLEMENTED JURISDICTIONS THAT SUBMITTED COMPLETE IMPLEMENTATION PACKAGES FOR SMART OFFICE REVIEW

APPENDIX V. CHALLENGES TO IMPLEMENTING SORNA REPORTED BY SURVEY RESPONDENTS FROM NONIMPLEMENTED JURISDICTIONS

APPENDIX VI. DEPARTMENT OF JUSTICE WRITTEN GUIDANCE ADDRESSING CHALLENGES WITH SUBSTANTIALLY IMPLEMENTING SORNA

APPENDIX VII. U. S. MARSHALS SERVICE INVESTIGATIONS AND U.S. ATTORNEYS’ OFFICES PROSECUTIONS OF SORNA VIOLATIONS

End Notes

Chapter 2 FAILURE TO REGISTER AS A SEX OFFENDER: A LEGAL ANALYSIS OF 18 U.S.C. 2250∗

SUMMARY

INTRODUCTION

BACKGROUND

ELEMENTS

Obligation to Register and Maintain Registration

Registration Requirements

Qualifying Convictions

Federal Qualifying Offenses

Military Qualifying Offenses

Specified Offenses Against a Child Under 18

Crimes with a Sex Element

Attempt or Conspiracy

Juvenile Adjudications and Foreign Convictions

Pre-SORNA Convictions

Knowing Failure to Register

Jurisdictional Elements

Federal Crimes

Indian Country

Travel

Affirmative Defense

Consequences

CONSTITUTIONAL CONSIDERATIONS

Ex Post Facto

Due Process

Right to Travel

Cruel and Unusual Punishment

Legislative Authority

Tenth Amendment

Standing

Spending for the General Welfare

Commerce Clause

Necessary and Proper

Separation of Powers: Non-Delegation

End Notes

Chapter 3 SEX OFFENDER REGISTRATION AND NOTIFICATION IN THE UNITED STATES: CURRENT CASE LAW AND ISSUES∗

I. OVERVIEW OF US SEX OFFENDER REGISTRATION1

A. Registration is a Local Activity

B. Federal Minimum Standards

C. National Sex Offender Public Website

D. Federal Law Enforcement Databases

E. Federal Corrections

F. Federal Law Enforcement and Investigations

G. Military Registration

H. Summary

II. WHO IS REQUIRED TO REGISTER?

III. REGISTRATION OF JUVENILE OFFENDERS

IV. RETROACTIVE APPLICATION & EX POST FACTO CONSIDERATIONS

V. OTHER CONSTITUTIONAL ISSUES

VI. COMMUNITY NOTIFICATION

VII. FAILURE TO REGISTER

VIII. RESIDENCY RESTRICTIONS

IX. MISCELLANEOUS

CONCLUSION

End Notes

INDEX

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